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Allahabad High Court

RAGHU NISHADversusAJAY NISHAD AND 4 OTHERS

Decided

Holding

The petition is dismissed as the statutory remedy of appeal under Order 43 Rule 1(r) CPC is available.

Summary

Raghu Nishad filed a petition under Article 227 of the Constitution against Ajay Nishad and others. The petition sought relief despite the existence of a statutory appeal provision. The Court examined whether the petition was maintainable when an alternative remedy under Order 43 Rule 1(r) of the Civil Procedure Code was available. It held that the statutory remedy sufficed and the petition could not be entertained. Consequently, the petition was dismissed.

Issues considered

  • Is a petition under Article 227 maintainable when a statutory appeal under Order 43 Rule 1(r) CPC is available as an alternative remedy?

Legislation cited

Subjects

  • Article 227
  • alternative remedy
  • statutory remedy
  • Civil Procedure Code
  • appeal
  • jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 12315 of 2026

                                    Raghu Nishad
                                                                                             .....Petitioner(s)
                                                                      Versus

                                    Ajay Nishad And 4 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)       : Indra Mohan Singh, Rajesh Kumar
                                                                      Singh
                                    Counsel for Respondent(s)       :

                                    Court No. - 9
                                                     HON'BLE ROHIT RANJAN AGARWAL, J.

                                    Petition is dismissed on the ground of alternative remedy as there is a
                                    statutory remedy of filing an appeal under Order 43 Rule 1(r) CPC.


                                                                                  (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    A. V. Singh




Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad


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